Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations 13251 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 22 

[EPA–HQ–OECA–2014–0551; FRL–9922– 

62–OECA] 

Consolidated Rules of Practice 

Governing the Administrative 

Assessment of Civil Penalties, 

Issuance of Compliance or Corrective 

Action Orders, and the Revocation, 

Termination or Suspension of Permits; 

Correction 

AGENCY: Environmental Protection 

Agency. 

ACTION: Correcting amendment. 

SUMMARY: The Environmental Protection 

Agency (EPA) published a document in 

the Federal Register on November 6, 

2014. That document included the 

correct mailing and hand delivery 

addresses for the Environmental 

Appeals Board, but inadvertently failed 

to omit the incorrect addresses. This 

amendment deletes the incorrect 

addresses. 

DATES: Effective on March 13, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Ammie Roseman-Orr, Environmental 

Appeals Board, U.S. Environmental 

Protection Agency, William Jefferson 

Clinton Building East, Room 3332, 1200 

Pennsylvania Ave. NW., Mail Code 

1103M, Washington DC 20460, phone 

number (202) 233–0122 or by email at 

roseman-orr.ammie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The rule amendment published on 

November 6, 2014 (79 FR 65897), 

corrected the mailing and hand delivery 

addresses for the Environmental 

Appeals Board in § 22.5(a) to reflect the 

Board’s relocation. The rule also revised 

§ 22.30(a)(1) by adding a reference to the 

corrected addresses in § 22.5(a). This 

amendment, however, inadvertently did 

not omit the Board’s incorrect addresses 

in the second and third sentences of 

§ 22.30(a)(1). 

Need for Correction 

As published on November 6, 2014 

(79 FR 65897), the final regulation 

contains an error which may prove to be 

misleading and is in need of 

clarification. 

List of Subjects in 40 CFR Part 22 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Hazardous 

substances, Hazardous waste, Penalties, 

Pesticides and pests, Poison prevention, 

Water pollution control. 

Dated: February 19, 2015. 

Nanci E. Gelb, 

Acting Assistant Administrator, Office of 

Administration and Resources Management. 

Accordingly, 40 CFR part 22 is 

corrected by making the following 

correcting amendment: 

PART 22—CONSOLIDATED RULES OF 

PRACTICE GOVERNING THE 

ADMINISTRATIVE ASSESSMENT OF 

CIVIL PENALTIES AND THE 

REVOCATION, TERMINATION OR 

SUSPENSION OF PERMITS 

■ 1. The authority citation for part 22 

continues to read as follows: 

Authority: 7 U.S.C. 136(l); 15 U.S.C. 2615; 

33 U.S.C. 1319, 1342, 1361, 1415 and 1418; 

42 U.S.C. 300g–3(g), 6912, 6925, 6928, 6991e 

and 6992d; 42 U.S.C. 7413(d), 7524(c), 

7545(d), 7547, 7601 and 7607(a), 9609, and 

11045. 

§ 22.30 [Corrected] 

■ 2. In § 22.30, paragraph (a)(1) is 

amended by removing the second and 

third sentences. 

[FR Doc. 2015–05438 Filed 3–12–15; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 405, 411, 413 and 414 

[CMS–1614–CN] 

RIN 0938–AS13 

Medicare Program; Quality Incentive 

Program; Correction 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule; correction. 

SUMMARY: This document corrects 

technical errors that appeared in the 

final rule published in the Federal 

Register on November 6, 2014 entitled 

‘‘End-Stage Renal Disease Prospective 

Payment System, Quality Incentive 

Program, and Durable Medical 

Equipment, Prosthetics, Orthotics, and 

Supplies.’’ 

DATES: This correction is effective on 

March 13, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Tamyra Garcia, (410) 786–0856. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In FR Doc. 2014–26182 of November 

6, 2014 (79 FR 66120), there were 

technical and typographical errors that 

are identified and corrected in the 

Correction of Errors section below. The 

provisions in this correction document 

are effective as if they had been 

included in the document published on 

November 6, 2014. Accordingly, the 

corrections are effective March 13, 2015. 

II. Summary of Errors 

On page 66184 of the preamble, we 

have determined that there were errors 

in the performance standard, 

achievement threshold, and benchmark 

values presented in the Numerical 

Values for the Performance Standards 

for the Payment Year (PY) 2017 EndStage Renal Disease (ESRD) Quality 

Incentive Program (QIP) Clinical 

Measures Using the Most Recently 

Available Data table for PY 2017 of the 

ESRD QIP (Table 23). Specifically, the 

numerical values published for the 

Standardized Readmission Ratio clinical 

measure were calculated using only 6 

months of data from calendar year 2013 

instead of the full 12 months, as 

specified under our finalized policy (79 

FR 66183). Therefore, we are publishing 

this technical correction to ensure that 

these numerical standards align with 

the finalized policies for the PY 2017 

ESRD QIP. 

III. Waiver of Proposed Rulemaking 

We ordinarily publish a notice of 

proposed rulemaking in the Federal 

Register to provide a period for public 

comment before the provisions of a rule 

take effect in accordance with section 

553(b) of the Administrative Procedure 

Act (APA) (5 U.S.C. 553(b)). However, 

we can waive this notice and comment 

procedure if the Secretary finds, for 

good cause, that the notice and 

comment process is impracticable, 

unnecessary, or contrary to the public 

interest, and incorporates a statement of 

the finding and the reasons; therefore, in 

the notice. 

Since this rule correction is simply 

correcting technical and typographical 

errors in the preamble, but does not 

make substantive changes to the policies 

or payment methodologies that were 

adopted in the final rule, it is 

unnecessary to follow the notice and 

comment procedure in this instance. 

Therefore, we believe that we have good 

cause to forego notice and a period for 

comment. 

IV. Correction of Errors 

In FR Doc. 2014–26182 of November 

6, 2014 (79 FR 66120) make the 

following corrections: 

1. On page 66184, in Table 23 

‘‘Numerical Values for the Performance 

Standards for the PY 2017 ESRD QIP 

Clinical Measures Using the Most 


tkelley on DSK3SPTVN1PROD with RULES
13252 Federal Register / Vol. 80, No. 49 / Friday, March 13, 2015 / Rules and Regulations 

Recently Available Data’’; in the fifth 

row titled ‘‘Standardized Readmission 

Ratio’’ remove the existing values and 

add the following values in their place: 

Measure Performance 

standard 

Achievement 

threshold Benchmark 

Standardized Readmission Ratio ................................................................................................ 0.648 1.261 0.998 

Dated: March 6, 2015. 

C’Reda Weeden, 

Executive Secretary to the Department, 

Department of Health and Human Services. 

[FR Doc. 2015–05766 Filed 3–12–15; 8:45 am] 

BILLING CODE 4120–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 18 

Official Symbol, Logo and Seal 

AGENCY: Office of the Secretary, HHS. 

ACTION: Final rule. 

SUMMARY: The U.S. Department of 

Health and Human Services (HHS) is 

adopting final regulations containing a 

description of its official symbol, logo, 

and seal. 

DATES: This rule is effective April 13, 

2015 without further action. 

FOR FURTHER INFORMATION CONTACT: 

Gloria Barnes, Office of the Assistant 

Secretary for Public Affairs 

(gloria.barnes@hhs.gov). 

SUPPLEMENTARY INFORMATION: HHS is 

adopting regulations (45 CFR part 18) 

describing its official logo and seal. HHS 

has developed a symbol, logo, and seal 

that signifies the authoritativeness of the 

item or document to which it is affixed 

as an official endorsement of HHS. 

Pursuant to 5 U.S.C. 553(b)(A), notice 

and comment are not required because 

this rule only impacts HHS’ procedure 

and practice. In addition, pursuant to 5 

U.S.C. 553(b)(B), there is good cause to 

waive notice and comment as 

unnecessary, because this rule is noncontroversial and merely describes 

HHS’ official symbol, logo, and seal. 

HHS previously published a Direct 

Final Rule on April 14, 2014 (79 FR 

20801). In response, HHS received two 

public comments. Among other things, 

both comments argued that the rule 

violated the First Amendment. The 

commenters argued that restrictions in 

the Direct Final Rule violated the First 

Amendment by not including 

exceptions for certain uses of the seal 

(e.g., for illustrative purposes by the 

media). HHS withdrew this rule on June 

4, 2014 (79 FR 32170). HHS is now 

publishing a Final Rule that merely 

describes the Department’s symbol, seal, 

and logo. 

Executive Order No. 12866 

This rule does not meet the criteria for 

a significant regulatory action under 

Executive Order 12866. Thus, review by 

the Office of Management and Budget is 

not required. 

Regulatory Flexibility Act 

This rule will not have a significant 

economic impact on a substantial 

number of small entities. Therefore, a 

regulatory flexibility analysis as 

provided by the Regulatory Flexibility 

Act, as amended, is not required. 

Paperwork Reduction Act 

This rule does not contain any 

collections of information subject to the 

Paperwork Reduction Act. 

List of Subjects in 45 CFR Part 18 

Seals and insignia. 

For the reasons set out in the 

preamble, HHS adds Part 18 to Title 45, 

Subtitle A, subchapter A of the Code of 

Federal Regulations as follows: 

Subtitle A—DEPARTMENT OF HEALTH 

AND HUMAN SERVICES 

Subchapter A—GENERAL 

ADMINISTRATION 

PART 18—OFFICIAL SYMBOL, LOGO, 

AND SEAL 

Sec. 

18.1 Description of the Symbol, Logo, and 

Seal. 

Authority: 42 U.S.C. 3505 and 5 U.S.C. 

301. 

§ 18.1 Description of the Symbol, Logo, 

and Seal. 

(a) The Departmental Symbol 

(Symbol) of the Department of Health 

and Human Services (HHS) is the key 

element in Department identification. It 

represents the American People 

sheltered in the wing of the American 

Eagle, suggesting the Department’s 

concern and responsibility for the 

welfare of the people. This Symbol is 

the visual link which connects the 

graphic communications of all 

components and programs of the 

Department. It is the major design 

component for the Department 

Identifiers — the Department Logo, Seal, 

and Signatures. 

(b) The Symbol is described as 

follows: The outline of an American 

Eagle, facing left, with one of its wings 

stretched upward and the other wing 

pointed downward, is flanked on its 

right side by two outlines of the profile 

of a human head, both of which are 

located in between the eagle’s wings. 

One of the profile outlines is smaller 

than the other and is nestled in the 

larger outline. 

(c) The HHS Departmental Logo 

(Logo) incorporates the Symbol and is 

described as follows: From the tip of the 

outstretched wing of the American Eagle 

in symbol to the tip of the other, 

downward-facing wing, the words, 

‘‘DEPARTMENT OF HEALTH & 

HUMAN SERVICES • USA’’ form a 

circular arc. The official colors of the 

Logo are either Black or Reflex Blue. 

Reflex Blue RGB Numbers: 0/0/153 (R0, 

G0, B153) 

(d) The HHS Departmental Seal (Seal) 

incorporates the Symbol and is 

described as follows: Starting from the 

tip of the downward-facing wing of the 

American Eagle in the HHS symbol and 

forming a complete circle clockwise 

around the HHS symbol, the words, 

‘‘DEPARTMENT OF HEALTH & 

HUMAN SERVICES • USA •’’ are 

printed, surrounded by a border 

composed of a solid inner ring at the 

base of the text and a triangular, 

scalloped edge at the top of the text. The 


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